Do the police have the right to “frisk” or pat down the exterior clothing of anyone they want?
A. No. Before the police have a right to “stop and frisk” a suspect they must have a reasonable suspicion of criminal activity. Even if you doubt that the officer has such a reasonable suspicion, you should never physically obstruct or resist a police officers efforts in this regard. Even if you pose no threat to the police, any physical resistance will be interpreted as a threat and the police will then be entitled to use “reasonable force” to subdue you. The reasonableness of the force used will be viewed by a court from the police officers perspective and not yours. By the same token, you are not required to give your verbal consent. In the absence of such consent, the police may be required to justify their actions later in court. The distinction here is between submission to lawful authority and consent to search. You are always required to do the former; you are never required to do the latter.
